[R.O. 1998 § 616.010; Ord. No. 2248 §1, 6-3-2002]
As used in this Chapter, unless the
context clearly requires otherwise, the following terms shall have
the following meanings:
A public sale of goods, merchandise or property to the highest bidder. The term "auction sale" does not include a garage sale, as defined in Section 615.010 of the Municipal Code.
A person who sells goods, merchandise or property of any
kind at an auction sale for the owner of such goods, merchandise or
property, and who receives any commission or compensation of any kind
for conducting such sale. The term "auctioneer" does not include a
person who conducts an auction sale by or under the jurisdiction of
a court or pursuant to any judicial judgment or order, or any foreclosure
sale of real estate and does not include the owner of any goods, merchandise
or property of any kind who conducts an auction sale.
[R.O. 1998 § 616.020; Ord. No. 2248 §1, 6-3-2002]
Every person proposing to conduct
an auction sale, whether the owner of the goods, merchandise or property,
or an auctioneer, as defined herein, shall, at least fifteen (15)
days before the date of the proposed auction sale, make application
for and obtain a license in accordance with the provisions hereof.
[R.O. 1998 § 616.030; Ord. No. 2248 §1, 6-3-2002]
A.
Every applicant for a license to conduct
an auction sale shall file a verified application on the form provided
by the City Clerk, which shall contain the following information:
1.
Name And Address Of Applicant. If
the applicant is an auctioneer, a copy of the current license of such
auctioneer issued by the Clerk of the County in which such auctioneer
has an office shall be attached to the application.
2.
The address at which the auction
is proposed to be conducted.
3.
The date and hours during which such
sale is to be conducted.
4.
General description of the goods
and merchandise to be offered for sale and the name and address of
the owner of such goods and merchandise.
5.
Statement that all items to be offered
for sale are owned by the owner or occupant of the property at which
the sale is to be held and were not purchased or otherwise acquired
for the purpose of selling them at the auction.
6.
Acknowledgment that the applicant
has received a copy of the ordinance of the City regulating the conduct
of auction sales and that the applicant shall not knowingly violate
any of the provisions thereof.
[R.O. 1998 § 616.030; Ord. No. 2248 §1, 6-3-2002; Ord. No. 2389 §1, 8-1-2005]
A.
Upon determination that the proposed conduct of the auction sale does not violate any of the regulations hereof, or the provisions of any other ordinance of the City, and payment of the license fee, if required in Subsection (B), a license shall be issued by the City Clerk and signed by the City Clerk and Collector, specifying the location and the date and time during which the auction sale is permitted to be conducted.
B.
The fee for the issuance of a license to
conduct an auction sale, where the person conducting the sale is the
owner of the goods and merchandise, shall be five dollars ($5.00).
There shall be no license fee for issuance of a license to an auctioneer,
unless the auctioneer maintains an office within the City of St. Ann.
If the auctioneer maintains an office within the City, the auctioneer
shall obtain a business license to engage in such business and shall
pay an annual fee of one hundred dollars ($100.00).
[1]
Editor's Note: The minimum fee for this license
was originally increased at election held on April 8, 2003.
[R.O. 1998 § 616.050; Ord. No. 2248 §1, 6-3-2002]
A.
No goods or merchandise shall be offered
for sale other than wares and merchandise owned by the owner or occupant
of the property at which the sale is to be conducted. Goods or merchandise
purchased or otherwise acquired for the purpose of selling same at
the auction shall not be offered for sale.
B.
An auction sale shall be held at the premises
owned or occupied by the owner of the goods and merchandise being
offered for sale.
C.
No auction sale shall be conducted on Sundays
or legal holidays, and no sale shall be conducted before 9:00 A.M.
or after 6:00 P.M. on any other day; provided that, for good cause
shown, the Board of Aldermen may, on application, grant permission
to conduct a sale after the hour of 6:00 P.M., but not later than
9:00 P.M.
D.
No loudspeaker, sound amplifier or similar
devices shall be permitted which carries the sound beyond the confines
of the premises.
E.
The owner of the goods and merchandise
being offered for sale at an auction and the auctioneer, if any, shall
be responsible for insuring that adequate provision is made to avoid
any traffic congestion, including providing an attendant to direct
persons seeking to attend said sale, to park their vehicles at lawful
locations.
F.
No more than two (2) auction sales shall be conducted at any property in a twelve-month period and a license shall be valid for one (1) day only. Signs for any such sale shall conform with the requirements set out in Section 615.040 relating to signs for garage sales at property located within a residential zoning district. Violation of the provisions of this Subsection shall automatically revoke the license and the violator shall be subject to the penalties provided for violation of City ordinances.
[R.O. 1998 § 616.060; Ord. No. 2248 §1, 6-3-2002]
Any person violating any of the provisions
of this Chapter shall, on conviction thereof, be subject to the penalties
provided for violation of City ordinances.
